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View Full Version : Tenants rights when new Landlord wants to take furniture away.



Relocate
29-08-2006, 15:06 PM
Hello. Would be grateful for your advice/comments on this one. One of our clients has a company let tenancy agreement which has been running for a year but has an option to extend for a further 2 years, so Landlord cannot serve Notice if the extensions are requested in the correct manner. The Landlord has just sold the property complete with the tenancy and tenant. Not usually a problem once bank details and paperwork have been updated. However new Landlord and old Landlord have come to an agreement about the furnishings and the old Landlord wants to take some of them with him. How does this affect our clients tenancy? Obviously the tenancy was taken out on on the basis that the furniture was in place. Can the old Landlord just take away items? Does the new Landlord have any oblligation to replace like for like and in what timescale? The new Landlord has also asked the tenant to leave for the couple of days. We are awaiting confirmation as to exactly why but am guessing he may want to familiarise himself with the property and maybe replace the furniture or redecorate. This is surely in breach of the tenancy agreement (quiet enjoyment). We are suggesting that the tenant does not agree to do this. What if the LL changes the locks or damages tenants possessions. There is the potential for too much to go wrong. If the tenant does agree, the rent should obviously be stopped for that period of time but should the Landlord pick up alternative accommodation costs as well due to the inconvenience to the tenant? But can the Landlord make such a request? It's in the tenant's interest to remain on good terms with the Landlord but this does seem unreasonable. Has anyone else been in a similar position and what happened? Thanks in advance for your help.

Relocate
30-08-2006, 11:49 AM
I've either got you all stumped or you don't like relocation companies (we're lovely honest!). Any advise would be greatly appreciated. :o

Ericthelobster
30-08-2006, 11:57 AM
I've either got you all stumped or you don't like relocation companies (we're lovely honest!). Any advise would be greatly appreciated. :oWell yes you got me stumped! Agree that the new LL sounds a right piece of work but I can't comment on the legalities...

Poppy
30-08-2006, 12:06 PM
In what capacity are you acting? Sorry your questions are difficult to pick out. Can you simply ask two or three key questions please?

Relocate
30-08-2006, 14:05 PM
In this case we are acting on behalf of the tenant. Here are the key questions;

1. Can the old Landlord just take away furniture that is included as part of the tenancy?
2. Does the new Landlord have any obligation to replace what the old Landlord takes?
3. Can the new Landlord request the tenant to move out for a couple of days, when there is nothing wrong with the property.

Appreciate your help.

MrShed
30-08-2006, 14:10 PM
As a guess(but it has got me stumped as well!):

1 - Yes
2 - Yes
3 - Yes, but the tenant certainly does not have to leave. If he does, I would expect alternative accommodation costs to be covered.

MY answers to 1 + 2 are just total guesses though!!

P.Pilcher
30-08-2006, 14:38 PM
O.K., Here are my common sense answers to these questions as nobody has come up with any legal references.:

The furniture concerned is part of the tenancy agreement and may well be listed on an inventory. If the old landlord wishes to take his furniture with him, then the new landlord must replace same so that the tenants use of the furniture is not interrupted. If this cannot be arranged then a temporary rent adjustment should be negociated to compensate the tenant for the loss of facilities that he is paying for.

The property is the tenant's home for the duration of the lease and he thus has every right to refuse to vacate the property at his landlord's behest for whatever reason. What about the security of the tenant's property in the premises? Of course if the new landlord and the tenant can come to a mutually acceptable arrangement over this then fair enough but this is up to the tenant.

I was in a similar situation recently, when tenants complained about a patch of rising damp in their dining room. Rising damp was diagnosed on the survey so it was plaster off, inject walls, replaster and redecorate the entire ground floor - thus the kitchen had to be dismantled as well. The only way to avoid providing (costly) temporary accommodation for said tenants was to get rid of them thus a section 21 notice was served. The job has now been done and the tenants replaced.

P.P.

ivrytwr3
30-08-2006, 15:46 PM
I was in a similar situation recently, when tenants complained about a patch of rising damp in their dining room. Rising damp was diagnosed on the survey so it was plaster off, inject walls, replaster and redecorate the entire ground floor - thus the kitchen had to be dismantled as well. The only way to avoid providing (costly) temporary accommodation for said tenants was to get rid of them thus a section 21 notice was served. The job has now been done and the tenants replaced.

The tenants notified you of a problem in the property and you responded by kicking them out?

WOW! Definately an option, but a bit cold hearted (can you tell i'm new to this letting lark?)

P.Pilcher
31-08-2006, 10:59 AM
No - it's pure economics. The work involved the removal and refitting of all the kitchen units, it generated tons and tons of dust and rendered the entire ground floor uninhabitable. The builder reckoned that he could do the work in a weel. In the end, including re-decoration it took five (including a break for Christmas). If I had kept the tenants, what would they have demanded and possibly been awarded by a tenant friendly judge in the form of compensation? Probably 5 weeks in a small hotel at my expense +, +, +.
This is a business, so the best option was to remove the tenants, loose six weeks rental income and shell out an agency fee for a new tenant.

P.P.